Obstruction of law enforcement, how long does criminal detention take place, and does it involve sen

Detention does not necessarily lead to a sentence. Criminal detention is a compulsory measure in criminal investigation, and during or after the investigation, if the investigating organ finds that the criminal suspect does not constitute a crime or does not pursue criminal responsibility, it may decide to withdraw the case; After transferring the case to the public prosecution organ for review for prosecution, the public prosecution organ may make a decision not to prosecute if it finds that a crime is not constituted or criminal responsibility is not pursued; Where a lawsuit is brought to the people's court, and after trial, the court finds that a crime is not constituted or that criminal responsibility is not pursued, it may declare a not guilty or be exempted from criminal responsibility. Article 15 of the Criminal Procedure Law provides:

In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted: (1) the circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

The time required from criminal detention to final sentencing is generally about seven months, and the longest is nearly 16 months, and some are far more than 16 months. Because of the variety of circumstances that arise during this period, the time from criminal detention to final sentencing may be very long in exceptional circumstances.

Criminal detention may result in a prison sentence.

Criminal detention is different from administrative detention (also known as "public security detention").

Criminal detention indicates that the person concerned has been suspected of committing a crime, and after further investigation, he will be arrested in accordance with the law, transferred to the procuratorate, prosecuted, and finally sentenced by the court.

Obstruction of law enforcement, criminal detention for up to 37 days. Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it within three days of the detention. In special circumstances, the time period for submitting a request for review and approval may be extended by one to four days, and the people's procuratorate shall make a decision to approve or not approve the arrest within seven days of receiving the written request for approval of arrest.

Subsequently, according to the decision of the People's Procuratorate, the detainee is released or arrested, and the criminal detention ends.

What are the legal conditions for criminal detention?

1. Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;

2. The victim or a person who witnessed it at the scene identified him as having committed the crime;

3. Evidence of a crime is found in the vicinity or residence;

4. Attempting suicide, escaping, or being at large after committing a crime.

[Legal basis].Article 91 of the Criminal Procedure Law of the People's Republic of China.

Time Limit for Requesting Approval of Arrest and Review for Approval of Arrest] Where the public security organs find it necessary to arrest a person who has been detained, they shall submit it to the people's procuratorate for review and approval within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.

The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. For those who need to continue the investigation and meet the requirements for release on guarantee pending further investigation or residential surveillance, they are to be released on guarantee pending further investigation in accordance with law or placed under residential surveillance.

How long you will be detained for obstruction of law enforcement depends on the circumstances. In accordance with the provisions of the "Law of the People's Republic of China on Public Security Administration Punishments", obstructing the lawful performance of duties by employees of state organs; where the circumstances are more minor, a warning or a fine of up to 200 RMB is to be given; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

[Legal basis].Article 50 of the Law of the People's Republic of China on Public Security Administration Punishments, anyone who commits any of the following acts shall be given a warning or a fine of not more than 200 yuan;

where the circumstances are serious, they shall be detained for not less than 5 days but not more than 10 days, and may be fined up to 500 yuan

1) Refusal to carry out decisions or orders issued by the people in accordance with law under the circumstances of a state of emergency;

2) Obstructing the lawful performance of duties by employees of state organs;

3) Obstructing the passage of fire trucks, ambulances, engineering rescue vehicles, police cars, and other vehicles performing emergency tasks;

4) Forcibly breaking into a warning belt or warning area set up by a public security organ. Where the people's police are obstructed from lawfully performing their duties, a heavier punishment is to be given.

Legal analysis: How to deal with obstruction of law enforcement should be based on the consequences caused by the obstruction, and those that do not constitute a crime may be punished by the administration of public security, and those who constitute a crime may be investigated for criminal responsibility. He is to be detained for not less than 5 days but not more than 10 days.

Legal basis: Article 50 of the "Public Security Administration Punishment Law" Anyone who commits any of the following acts shall be given a warning or a fine of not more than 200 yuan; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB

1) Refusal to carry out decisions or orders issued by the people in accordance with law under the circumstances of a state of emergency;

2) Obstructing the lawful performance of duties by the staff of state organs;

3) Obstructing the passage of fire trucks, ambulances, engineering rescue vehicles, police cars, and other vehicles performing emergency tasks;

4) Forcibly breaking into a warning belt or warning area set up by a public security organ.

Where the people's police are obstructed from lawfully performing their duties, a heavier punishment is to be given.

Legal Analysis] How to deal with obstruction of law enforcement should be based on the consequences caused by the obstruction of official acts, and where the circumstances of obstruction of official affairs are relatively minor, public security detention may be granted, that is, administrative detention, for a maximum of 15 days, to be served in an administrative detention facility; If a crime is constituted, it is criminal detention, which is generally 1-3 days, and can be extended for 4 days, and if it is a crime committed by wandering, ganging, or multiple crimes, it can be extended for 30 days. The normal law enforcement activities of the public security people's police are protected by law in accordance with the law, and when they encounter the people's police enforcing the law, they should actively cooperate with them, and must not insult the police who are enforcing the law. Impediment to the performance of duties has the following characteristics:

1. The object of the infringement of this act is the normal management activities of state organs. The targets of the violations were the functionaries of State organs. 2. This conduct is objectively manifested as obstructing the lawful performance of duties by the staff of state organs, which is not sufficient for criminal punishment.

The obstruction should be done without the use of violence or violence, without the use of violence or threats, and without serious consequences. 3. The subject of this act is a natural person who has reached the age of responsibility (14 years old) and has the capacity to be responsible. 4. The subjective aspect of the act must be intentional, that is, knowing that a state functionary is performing his or her duties in accordance with the law, but intentionally obstructing it.

Legal basis] Law of the People's Republic of China on Public Security Administration Punishments》 Article 50: Anyone who commits any of the following acts shall be given a warning or a fine of up to 200 yuan; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB: (1) Refusing to carry out decisions or orders lawfully issued by the people under a state of emergency; 2) Obstructing the lawful performance of duties by employees of state organs; 3) Obstructing the passage of fire trucks, ambulances, engineering rescue vehicles, police cars, and other vehicles performing emergency tasks; 4) Forcibly breaking into a warning belt or warning area set up by a public security organ. Where the people's police are obstructed from lawfully performing their duties, a heavier punishment is to be given.

Legal analysis: For administrative violations that obstruct official business, which has not yet been determined to constitute the crime of obstructing official duties, according to the provisions of Article 50 of the Law of the People's Republic of China on Early Punishment of the Public Security Administration Department, the offender is generally given a warning or fined less than 200 yuan; However, if the circumstances of obstruction of official business reach a serious level, the administrative detention given to the offender is between 5 and 10 days, and a fine of not more than 500 yuan can be imposed at the same time.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments".

Article 50: Those who commit any of the following acts are to be given a warning or a fine of up to 200 RMB; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

1) Refusal to carry out decisions or orders lawfully issued by the people under a state of emergency;

2) Obstructing the lawful performance of duties by employees of state organs;

3) Obstructing the passage of fire trucks, ambulances, engineering rescue vehicles, police cars, and other vehicles performing emergency tasks;

4) Forcibly breaking into a warning belt or warning area set up by a public security organ. Those who obstruct the people's police's lawful performance of their duties are to be given a heavier punishment.

Legal analysisobstructing the people's police from performing their duties is to be given a warning or a fine of up to 200. where the circumstances are serious, they are to be detained for between 5 and 10 days and may be concurrently fined up to 500 RMB. Article 50 of the "Law of the People's Republic of China on Punishments for Public Security Management" provides that those who refuse or obstruct the people's police's performance of their duties are to be given warnings or fines of up to 200 RMB; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

[Legal basis].Police Law of the People's Republic of China" Article 35 provides that those who refuse or obstruct the people's police from performing their duties in accordance with law, and exhibit any of the following conduct, are to be given public security administrative sanctions:

1) Publicly insulting people's police who are performing their duties;

Qi trembling only) obstructing the people's police's investigation and collection of evidence;

3) Refusing or obstructing people's police from carrying out tasks such as pursuits, searches, or rescue to enter relevant residences or venues;

4) Intentionally setting up obstacles to police vehicles carrying out emergency tasks such as rescuing people, rescuing people, chasing people, or guarding people;

5) There is other conduct that refuses or obstructs the performance of duties by the police of Gao Peimin.